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Subject: Next door Neighbor AIRBNB and after hours workers
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Author Messages
GerryW1
(Florida)

Posts:80


06/01/2019 1:01 PM  
Hi All and thanks in Advance. My 92 yo Mom lives in an older condo in S Florida. She has new next door owners from South America (Brazilian, hard to communicate in Portuguese) who rarely are there. However, every month there are a variety of people who stay for a week or less. Additionally, I have seen workers doing tile and other things on weekends and after hours, including today. I sent the Board an email requesting them to contact the owner. They have not responded. The building is frankly like the Wild West, all sorts of AirBNB, even individual rooms being advertised. I am at a loss on what to do. The owner is here working with worker today (Sunday), was wondering if it is appropriate to hand him a Google Translate letter describing the rules and what I’ve observed. And what my recourse is with HOA management.
GerryW1
(Florida)

Posts:80


06/01/2019 1:13 PM  
I forgot to add. The condo CC&Rs state no rentals for less than 2 years. Also, new owners are not allowed to rent their units for a few years, and only 10% of units can be rented at one time. So very strict rules which are not being enforced (besides outside workers only allowed M-F 8-4).
MelissaP1
(Alabama)

Posts:8503


06/01/2019 1:40 PM  
Keep contacting the board or the MC if there is one. Keep in mind, there may not be much they can do. It can also take some time. May need to report them to the city/county if it's against the laws on that level. It's best to find out if that is an option outside of the HOA.

Former HOA President
GenoS
(Florida)

Posts:3177


06/01/2019 11:33 PM  
How many absentee owners, Gerry? Are there enough resident owners willing to get involved so that directors can be elected who will enforce the CC&Rs? And the Rules and Regulations? Do you have copies of both of those? It really sounds like you need a new Sheriff in town (a/k/a a board with a backbone).

P.S. 95 years old... God bless her!
GenoS
(Florida)

Posts:3177


06/01/2019 11:33 PM  
92, sorry!
GerryW1
(Florida)

Posts:80


06/02/2019 4:44 AM  
The Condo is located in Dade County, which has pretty strict rules against short term rentals. I can’t find any ads or proof except that it’s a revolving door of unknown foreigners and workers. Maybe I need to take photos. As I said, I put together a letter to the owner explaining the rules. I’m just wondering if there is a downside to giving it to him (besides sending my 4th notice to the Association)
GerryW1
(Florida)

Posts:80


06/02/2019 4:52 AM  
Yes, I have copies of CC&RS and rules and they’re very clear about 2 year rentals, and limited number of rentals. The HOA is severely underfunded and will likely be needing special assessments and monthly increases for necessary projects. A new Board was elected in January, I doubt any new group will be elected any time soon. Just with the place in disarray (failing elevators, roof, pool, etc), the rental issue is on back burner.
MelissaP1
(Alabama)

Posts:8503


06/02/2019 5:37 AM  
It sounds like you may need to take this up with your city or county. The HOA can only do so much. It helps there are restrictions but lack of the ability to enforce them is an issue. Call the courthouse and maybe talk to the Code department. Also maybe the Building permits department. They may be able to direct you to the laws that may prohibit this kind of situation.

Unfortunately, much like police officers, they may need to SEE the issue first hand to enforce anything. Sounds crazy but it's how some of this works. Our ex-President worked without a business license doing handyman repairs. He was a con-artist. Wasn't able to do much about it because they had to catch him in the act of performing work without a license. The people liked him and he was still on the board for some time. So no one was going to set him up. (After he did crappy work that was another story...). I basically enforced him to get licenses/insured down the road. (Long story).

Your HOA may have this restricted in their CC&R's but do they have a punishment for it? That in many cases is what happens. The HOA may or may not be able to fine. They may need a fining schedule in place. All of this takes time and energy. Something your current board may be incapable of doing.

Former HOA President
GerryW1
(Florida)

Posts:80


06/02/2019 6:29 AM  
Thanks. Sounds like the sad reality of the place. Not sure about fining schedule. I know Dade County has strict fining rules, but probably takes years and evidence to get them involved.
JohnC46
(South Carolina)

Posts:8650


06/02/2019 7:22 AM  
Gerry

The work being done on the unit is one issue. The major issue is it appears her BOD does not enforce the Covenants as they are. You options:

1 Recall the BOD and replace with new members that will enforce..
2 Wait until election time and elect new members that will enforce.
3 Ask the BOD to enforce.
4 Take the BOD to court to have them enforce the Covenants.




GerryW1
(Florida)

Posts:80


06/02/2019 10:57 AM  
Thanks. The first two options have more or less occurred in the past 4 months. I’ve sent multiple emails, haven’t heard a word back. Will send registered letter this week. Then option 4 if no response. As I said, I have typed up a Translated letter with the condo and county rules, and what I have observed at the next door unit. Just weighing the positives and negatives of handing it directly to the owner. Positives are obvious, negative- who knows?
BarbaraT1
(Texas)

Posts:219


06/03/2019 3:12 AM  
Other than “its against the rules” has the use of this unit as an AirBnB or construction work after designated hours created a hardship or problem?
GerryW1
(Florida)

Posts:80


06/03/2019 4:26 AM  
My brother had to call security late one night after hearing a power drill. The door next door slams shut at all
Hours a few days a week. And frankly, seeing new faces weekly in what should be a secure building with minimum 2 year leases is outrageous. So yes, there are hardships.
BarbaraT1
(Texas)

Posts:219


06/03/2019 7:28 AM  
Posted By GerryW1 on 06/03/2019 4:26 AM
My brother had to call security late one night after hearing a power drill. The door next door slams shut at all
Hours a few days a week. And frankly, seeing new faces weekly in what should be a secure building with minimum 2 year leases is outrageous. So yes, there are hardships.




I would suggest that when you do contact management you leave out the stuff about "foreigners" and not speaking English and focus on your security concerns in a way that does not reference the ethnicity of your neighbor at all.
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